The members of the House gave the pledge
of allegiance to the flag of the United States of America.

The roll was called and the following
members were present:

Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt

A quorum was present.

Johnson, S.; Mariani; Moran and Thissen
were excused.

The Chief Clerk proceeded to read the
Journal of the preceding day.There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.

Journal of
the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7562

REPORTS
OF STANDING COMMITTEES AND DIVISIONS

Schomacker from
the Committee on Health and Human Services Reform to which was referred:

Subd. 2.Approved
continuing education program."Approved
continuing education program" means a continuing education program that
meets the continuing educationmaintenance of competence
requirements in section 148.7812 and is approved by the board.

Subd. 3.Approved
education program."Approved
education program" means a university, college, or other postsecondaryan education program of athletic trainingoffered by an
accredited university, college, or other postsecondary institution that, at
the time the student completes the program, is approved or accredited by a
nationally recognized accreditation agency for athletic training education
programs approved by the board.the student is eligible to attain
national certification as an athletic trainer from the Board of Certification
for the Athletic Trainer or its recognized successor.

Subd. 9.Credentialing
examination."Credentialing
examination" means an examination administered by the Board of
Certification,for the Athletic Trainer or the board'sits
recognized successor, for credentialing as an athletic trainer, or an
examination for credentialing offered by a national testing service that is
approved by the board.

Sec. 5.Minnesota Statutes 2016, section 148.7803, is
amended to read:

148.7803
DESIGNATION OF ATHLETIC TRAINERPROHIBITED PRACTICE OR USE OF TITLES;
PENALTY.

Subdivision 1.Designation.(a) A person shall not use in
connection with the person's name or in any form of advertising,
professional literature, or billing that relates to the person's occupation or
profession as an athletic trainer, the words or letters registered athletic
trainer; licensed athletic trainer; Minnesota registered athletic trainer;
athletic trainer; AT; LAT; ATR; or any words, letters, abbreviations, or
insignia indicating or implying that the

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7563

person
is an athletic trainer, without a certificate of registrationbeing
licensed as an athletic trainer issued under sections 148.7808 to
148.7810148.7801 to 148.7815.A student attending a college or university athletic training program
must be identified as an "athletic training student."

(b) Any person who is exempt from
licensure under subdivision 3 must not use any of the titles identified in
paragraph (a), or any description stating or implying that they are engaged in
the practice of athletic training or that they are licensed to engage in the
practice of athletic training.

Subd. 2.Penalty.A person who violates this section is
guilty of a misdemeanor and subject to section 214.11.

Subd. 3.License
required.No person shall
engage in athletic training without first being licensed under sections
148.7801 to 148.7815.A person engages
in athletic training if the person performs or offers to perform athletic
training as defined in section 148.7806.

Subd. 4.Exceptions.(a) Nothing in sections 148.7801 to
148.7815 shall be construed to prohibit the practice of any profession or
occupation licensed or registered by the state or to perform any act that falls
within the scope of practice of the licensed or registered profession or
occupation.

(1) a student engaged in athletic
training as part of an accredited athletic training program if the student is
under the direct supervision of a licensed athletic trainer and is identified
as an "athletic training student;" or

(2) an athletic trainer as a member of
the United States armed forces while performing duties incident to duty.

Sec. 6.Minnesota Statutes 2016, section 148.7804, is
amended to read:

148.7804
POWERS OF THE BOARD.

The board, acting under the advice of the
Athletic Trainers Advisory Council, shall issue all registrationslicenses
and shall exercise the following powers and duties:

(4) keep a complete record of registeredlicensed athletic trainers, prepare a current official listing of the
names and addresses of registeredlicensed athletic trainers, and
make a copy of the list available to any person requesting it upon payment of a
copying fee established by the board;

Subdivision 1.Membership.The Athletic Trainers Advisory Council is
created and is composed of eight members appointed by the board.The advisory council consists of:

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7564

(1)
two public members as defined in section 214.02;

(2) three members who are registeredlicensed athletic trainers, one being both a licensed physical therapist
and registeredlicensed athletic trainer as submitted by the
Minnesota American Physical Therapy Association;

(3) two members who are medical physicians
licensed by the state and have experience with athletic training and sports
medicine; and

(4) one member who is a doctor of
chiropractic licensed by the state and has experience with athletic training
and sports injuries.

(9) perform other duties authorized for
advisory councils under chapter 214, as directed by the board.

Sec. 9.Minnesota Statutes 2016, section 148.7806, is
amended to read:

148.7806
ATHLETIC TRAINING.

Athletic training by a registeredlicensed
athletic trainer under section 148.7808 includes the activities described in
paragraphs (a) to (e).

(a) An athletic trainer shall:

(1) prevent, recognize, and evaluate
athletic injuries;

(2) give emergency care and first aid;

(3) manage and treat athletic injuries;
and

(4) rehabilitate and physically
recondition athletic injuries.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7565

The
athletic trainer may use modalities such as cold, heat, light, sound,
electricity, exercise, and mechanical devices for treatment and rehabilitation
of athletic injuries to athletes in the primary employment site.

(b) The primary physician shall establish
evaluation and treatment protocols to be used by the athletic trainer.The primary physician shall record the
protocols on a form prescribed by the board.The protocol form must be updated yearly at the athletic trainer's registrationlicense renewal time and kept on file by the athletic trainer.

(c) At the primary employment site, except
in a corporate setting, an athletic trainer may evaluate and treat an athlete
for an athletic injury not previously diagnosed for not more than 30 days, or a
period of time as designated by the primary physician on the protocol form,
from the date of the initial evaluation and treatment.Preventative care after resolution of the
injury is not considered treatment.This
paragraph does not apply to a person who is referred for treatment by a person
licensed in this state to practice medicine as defined in section 147.081, to
practice chiropractic as defined in section 148.01, to practice podiatry as
defined in section 153.01, or to practice dentistry as defined in section
150A.05 and whose license is in good standing.

(d) An athletic trainer may:

(1) organize and administer an athletic
training program including, but not limited to, educating and counseling
athletes;

(2) monitor the signs, symptoms, general
behavior, and general physical response of an athlete to treatment and
rehabilitation including, but not limited to, whether the signs, symptoms,
reactions, behavior, or general response show abnormal characteristics; and

(3) make suggestions to the primary
physician or other treating provider for a modification in the treatment and
rehabilitation of an injured athlete based on the indicators in clause (2).

(e) In a clinical, corporate, and physical
therapy setting, when the service provided is, or is represented as being,
physical therapy, an athletic trainer may work only under the direct
supervision of a physical therapist as defined in section 148.65.

Subdivision 1.RegistrationLicensure.The board may
issue a certificate of registration as an athletic trainer license
to applicants who meet the requirements under this section.An applicant for registrationlicensure
as an athletic trainer shall:

(1) pay a fee under section
148.7815 and;

(2) file a written application on a
form, provided by the board, that includes:

(1)(i) the applicant's
name, Social Security number, home address and telephone number, business
address and telephone number, and business setting;

(2)(ii) evidence
satisfactory to the board of the successful completion of an education
program approved by the boardcurrent national credentialing as a
certified athletic trainer by the Board of Certification for the Athletic
Trainer or its recognized successor;

(3)(iii) educational
background;

(4) proof of a baccalaureate or
master's degree from an accredited college or university;

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7566

(5)
credentials held in other jurisdictions;

(iv) credentials held in this state or
in other jurisdictions;

(6)(v) a description of any other
jurisdiction's refusal to credential the applicant;

(7)(vi) a description of all
professional disciplinary actions initiated against the applicant in any other
jurisdiction;

(8)(vii) any history of drug
or alcohol abuse, and any misdemeanor or felony conviction;

(9) evidence satisfactory to the board
of a qualifying score on a credentialing examination;

(10)(viii) additional
information as requested by the board;

(11)(ix) the applicant's
signature on a statement that the information in the application is true and
correct to the best of the applicant's knowledge and belief; and

(12)(x) the applicant's
signature on a waiver authorizing the board to obtain access to the applicant's
records in this state or any other state in which the applicant has completed
an education program approved by the board or, engaged in the
practice of athletic training., or held other professional
credentials;

(3) if the applicant holds or has held a
credential as an athletic trainer in another jurisdiction, provide verification
from the credentialing body in each jurisdiction that the applicant holds or
has held a credential for the practice of athletic training; and

(4) if the applicant holds or has held a
credential as another health professional in this state or another
jurisdiction, provide verification from the credentialing body for that
profession that the applicant holds or has held a credential for the practice
of that profession.

Subdivision 1.Requirements
for registrationlicense renewal.A registered athletic trainer shall apply to the board for a
one-year extension of registration by paying a fee under section 148.7815 and
filing An athletic trainer license issued under section 148.7808 expires
annually.To renew a license, an
athletic trainer shall pay a fee as required by section 148.7815 and complete a
renewal application on a form provided by the board that includes:

(1) the athletic trainer's name, Minnesota
athletic trainer registrationlicense number, home address and
telephone number, business address and telephone number, and business setting;

(2) work history for the past year,
including the average number of hours worked per week;

(3) a report of any change in status since
initial registrationlicensure or previous registrationlicense
renewal;

(4) evidence satisfactory to the board of
having met the continuing education requirements of section 148.7812;

(5) the athletic trainer's signature on a
statement that a current copy of the protocol form is on file at the athletic
trainer's primary employment site; and

(6) additional information as requested
by the boardany history of drug or alcohol abuse, and any misdemeanor
or felony conviction; and

(7) any disciplinary action on any
credential held in this state or in another jurisdiction.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7567

Subd. 2.RegistrationLicense renewal notice.Before
June 1 of each year, The board shall annually send out a renewal
notice to an athletic trainer's last known address on file with the board.The notice shall include an application for registrationlicense renewal and notice of the fees required for renewal.An athletic trainer who does not receive a
renewal notice must still meet the requirements for registrationlicense
renewal under this section.

Subd. 4.Lapse
of registration statusLicensure following lapse of licensed status for
two years or less.(a) Except
as provided in paragraph (b),In order to regain licensed status, an
athletic trainer whose registrationlicense has lapsed for two
years or less must:

(1) apply for registrationlicense
renewal under this sectionsubdivision 1; and

(2) submit evidence satisfactory to the
board from a licensed medical physician verifying employment in athletic
training for eight weeks every three years during the time of the lapse in
registration.

(2) document compliance with the
continuing education requirements in section 148.7812 since the athletic
trainer's initial licensure or last renewal; and

(3) submit the fees required by section
148.7815 for the period the athletic trainer was not licensed, including the
fee for late renewal.

(b) The board shall not renew, reissue,
reinstate, or restore a registrationlicense that has lapsed
after June 30, 1999, and has not been renewed within two annual renewal cycles
starting July 1, 2001.An athletic
trainer whose registrationlicense is canceled for nonrenewal
must obtain a new registrationlicense by applying for registrationlicensure and fulfilling all requirements then in existence for an
initial registrationlicense.

Subdivision 1.Verification
of application information.The
board or advisory council, with the approval of the board, may verify
information provided by an applicant for registrationlicensure
under section 148.7808 and registrationlicense renewal under
section 148.7809 to determine whether the information is accurate and complete.

Subd. 3.Request
for hearing by applicant denied registrationlicensure.An applicant denied registrationlicensure
shall be notified of the determination, and the grounds for it, and may request
a hearing on the determination under Minnesota Rules, part 5615.0300, by filing
a written statement of issues with the board within 20 days after receipt of
the notice from the board.After the
hearing, the board shall notify the applicant in writing of its decision.

Subdivision 1.Number
of contact hours requiredBoard of Certification for the Athletic
Trainer requirements.An
athletic trainer shall complete during every three-year period at least the
equivalent of 60 contact hours of continuing professional postdegree education
in programs approved by the board.meet the professional development
requirements of the Board of Certification for the Athletic Trainer in order to
maintain Board of Certification for the Athletic Trainer certification.These requirements may be met through a
board-approved continuing education program.

Subd. 2.Approved
programs.The board shall approve a
continuing education program that has been approved for continuing education
creditmaintenance of competence by the Board of Certification,for the Athletic Trainer or the board'sits recognized
successor.

Subd. 4.Verification
of continuing education creditsrequirements.The board shall periodically select a
random sample of athletic trainers and require the athletic trainers to show
evidence to the board of having completed the continuing education requirements
attested to by the athletic trainer.Either
the athletic trainer or state or national organizations that maintain
continuing education records may provide to the board documentation of
attendance at a continuing education program.

Subd. 2.Proration
of fees.The board may prorate the
initial annual fee for registrationlicensure under section
148.7808.Athletic trainers registeredlicensed under section 148.7808 are required to pay the full fee upon registrationlicense renewal.

Subd. 3.Penalty
for a late application for registrationlicense renewal.The penalty for late submission of a registrationlicense renewal application under section 148.7809 is $15.

Subd. 4.Nonrefundable
fees.The fees in this section are
nonrefundable.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7569

Sec. 22.REVISOR'S
INSTRUCTION.

In Minnesota Statutes and Minnesota
Rules, the revisor of statutes shall change the term "register" or
"registration" to "license" or "licensure" or
similar terms wherever they appear in Minnesota Statutes and Minnesota Rules
when referring to athletic trainers.

Sections 1 to 23 are effective July 1,
2018.Athletic trainers' registrations
shall be converted to licenses at the next renewal.For purposes of interpreting sections 1 to 23
after July 1, 2018, but before a registration is converted to a license, a
registration is equivalent to a license."

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7570

(2)
intended to treat adrenal insufficiency; and

(3) administered via routes of delivery
that are within the scope of training for the EMT, AEMT, or paramedic.

(b) EMTs, AEMTs, and paramedics
assisting a patient with medication administration according to the rules
adopted under this subdivision may do so only under the authority of guidelines
approved by the ambulance service medical director or under direct medical
control.

(1) establish standards for ambulance
services to communicate with a patient in the service area of the ambulance
service, and with the patient's caregivers, concerning the patient's health
condition, the likelihood that the patient will need emergency medical
services, and how to collaboratively develop emergency medical services care
plans to meet the patient's needs; and

(2) establish standards for ambulance
service medical directors to participate in care coordination for a patient in
the service area of the ambulance service.Care coordination may include developing potential treatment plans,
determining the optimal prehospital approach and treatment for the patient, and
establishing alternative approaches and treatment."

Correct the title numbers accordingly

With the recommendation that when so
amended the bill be re-referred to the Committee on Government Operations and
Elections Policy.

The
report was adopted.

Schomacker from
the Committee on Health and Human Services Reform to which was referred:

H. F. No. 1025, A bill for
an act relating to health; establishing qualifications for cremator operators
who perform cremations; modifying the duties of the commissioner of health;
amending Minnesota Statutes 2016, sections 149A.02, by adding a subdivision;
149A.03; 149A.04, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 149A.

Subd. 11.Continuing
education.The commissioner shall
require 15 continuing education hours for renewal of a license to practice
mortuary science.Nine of the hours must
be in the following areas:body
preparation, care, or handling, and cremation, 3 CE hours;
professional practices, 3 CE hours; and regulation and ethics, 3 CE hours.Continuing education hours shall be reported
to the commissioner every other year based on the licensee's license number.Licensees whose license ends in an odd number
must report CE hours at renewal time every odd year.If a licensee's license ends in an even
number, the licensee must report the licensee's CE hours at renewal time every
even year.

EFFECTIVE
DATE.This section is
effective January 1, 2019, and applies to mortuary science license renewals on
or after that date.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7571

Subd. 3.Unlicensed
personnel.(a) A licensed
crematory may employ unlicensed personnel, provided that all applicable
provisions of this chapter are followed.It is the duty of the licensed crematory to provide proper training forto all unlicensed personnel and ensure that unlicensed personnel
performing cremations are in compliance with the requirements in paragraph (b).The licensed crematory shall be strictly
accountable for compliance with this chapter and other applicable state and
federal regulations regarding occupational and workplace health and safety.

With the recommendation that when so
amended the bill be placed on the General Register.

The
report was adopted.

Scott from the
Committee on Civil Law and Data Practices Policy to which was referred:

H. F. No. 1440, A bill for
an act relating to health; establishing the Opioid Addiction Prevention and
Treatment Advisory Council; establishing a special revenue fund for opioid
addiction prevention and treatment; appropriating money; requiring reports;
proposing coding for new law in Minnesota Statutes, chapter 151.

Reported the same back with the following
amendments:

Page 5, line 24, after the period, insert
"The integration of access to the prescription monitoring database with
electronic health records shall not modify any requirements or procedures in
Minnesota Statutes, section 152.126, regarding the information that must be
reported to the database, who can access the database and for what purpose, and
the data classification of information in the database, and shall not require a
prescriber to access the database prior to issuing a prescription for a
controlled substance."

With the recommendation that when so
amended the bill be re-referred to the Committee on Government Operations and
Elections Policy.

The
report was adopted.

Hoppe from the
Committee on Commerce and Regulatory Reform to which was referred:

Subdivision 1.Work
group created.(a) The
commissioners of health and commerce shall convene a 13‑member work group
to make recommendations and report on the most effective approach to determine
and demonstrate mental health and substance use disorder parity, in accordance
with state and federal law for individual and group health plans offered in
Minnesota.The work group shall include
the following:

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7573

(1)
two members representing health plan companies that offer health plans in the
individual market;

(2) two members representing health
plan companies that offer health plans in the group markets;

(3) the commissioner of health;

(4) the commissioner of commerce;

(5) the commissioner of management and
budget;

(6) two members representing employers;

(7) two members who are providers
representing the mental health and substance use disorder community; and

(8) two members who are advocates
representing the mental health and substance use disorder community.

(b) Members of the work group must have
expertise in standards for evidence-based care, benefit design, or development
or knowledge relating to the analysis of the mental health and substance use
disorder parity under federal and state law, including nonquantitative
treatment limitations.The final report
must include recommendations for the most effective approach to both
demonstrate parity for regulatory purposes and communicate parity
determinations publicly in a manner that is meaningful to consumers.

(c) The final report must be written in
nontechnical, readily understandable language and be made available to the
public by, among such other means as the work group finds appropriate, posting
the report on the Department of Health and Department of Commerce Web sites.

(d) In developing its report and
recommendations, the work group may consult with the Substance Abuse and Mental
Health Services Agency and the National Association of Insurance Commissioners
for the latest developments on evaluation of mental health and substance use
disorder parity.

(e) The report must include the
following:

(1) a summary of completed state
enforcement actions relating to individual and group health plans offered in
Minnesota during the preceding 12-month period regarding compliance with parity
in mental health and substance use disorders benefits in accordance with state
and federal law, and a summary of the results of completed state enforcement
actions.Data that is protected under
state or federal law as nonpublic, private, or confidential shall remain
nonpublic, private, or confidential.This
summary must include:

(i) the number of formal enforcement
actions taken;

(ii) the benefit classifications
examined in each enforcement action; and

(iii) the subject matter of each
enforcement action, including quantitative and nonquantitative treatment
limitations;

(2) detailed information about any
regulatory actions the commissioners of health or commerce have taken as a
result of a completed state enforcement action pertaining to health plan
compliance with sections 62Q.47 and 62Q.53 and United States Code, title 42,
section 18031(j); and

(3) a description of the work group's
recommendations on educating the public about alcoholism, mental health, or
chemical dependency parity protections under state and federal law.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7574

Subd. 2.Report.By February 15, 2019, the
commissioners of health and commerce shall jointly report the recommendations
of the work group to the chairs and ranking minority members of the legislative
committees with jurisdiction over health care policy and finance.

Subd. 3.First
meeting.The commissioner of commerce
shall convene the first meeting of the work group on or before August 1, 2018."

Delete the title and insert:

"A bill for an act relating to
insurance; establishing a mental health and substance use disorder work group;
requiring a report."

With the recommendation that when so
amended the bill be re-referred to the Committee on Government Operations and
Elections Policy.

The
report was adopted.

Scott from the
Committee on Civil Law and Data Practices Policy to which was referred:

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Commerce and
Regulatory Reform.

The
report was adopted.

Gunther from the
Committee on Legacy Funding Finance to which was referred:

H. F. No. 2789, A bill for
an act relating to natural resources; appropriating money from outdoor heritage
fund; requiring notice to local government before acquiring land in fee; amending
Minnesota Statutes 2016, section 97A.056, by adding a subdivision.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Ways and Means.

The
report was adopted.

Journal of the House - 73rd Day -
Wednesday, March 21, 2018 - Top of Page 7575

O'Driscoll
from the Committee on Government Operations and Elections Policy to which was
referred:

Subdivision 1.Appointment.The chief administrative law judge
shall appoint a data practices coordinator in the unclassified service within
the Office of Administrative Hearings.

Subd. 2.Qualifications.The coordinator must be knowledgeable
about the Minnesota Government Data Practices Act, the Minnesota Open Meeting
Law, and federal laws and regulations regarding data privacy.The coordinator must have experience in
dealing with both private enterprise and governmental entities, interpreting
laws and regulations, record keeping, report writing, public speaking, and
management.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7576

Subd. 3.Duties.The coordinator shall:

(1) advise and serve as a technical
resource for government entities on questions related to public access to
government data, rights of subjects of data, classification of data, or
applicable duties under chapter 13D;

(2) advise persons regarding their
rights under this chapter or chapter 13D;

(3) administer the public information
policy training program under section 13.073; and

(4) perform other duties as directed by
the chief administrative law judge.

Subd. 4.Effect
of coordinator advice.The
advice of the coordinator is not binding on a government entity or members of a
body subject to chapter 13D, does not constitute legal advice, and has no
effect on liability, fines, or fee awards arising from a violation of this
chapter or chapter 13D.This section
does not preclude a person from bringing any other action under this chapter or
other law in addition to or instead of requesting advice from the coordinator.

Subd. 5.Data
submitted to coordinator.A
government entity may submit not public data to the coordinator for the purpose
of requesting advice.Government data
submitted to the coordinator by a government entity or copies of government
data submitted by other persons have the same classification as the data have
when held by the government entity."

With the recommendation that when so
amended the bill be placed on the General Register.

The
report was adopted.

Journal of the House - 73rd Day -
Wednesday, March 21, 2018 - Top of Page 7578

O'Driscoll
from the Committee on Government Operations and Elections Policy to which was
referred:

H. F. No. 3001, A bill for
an act relating to local government; including service cooperatives in the
definition of governmental units for purposes of joint powers; amending
Minnesota Statutes 2016, section 471.59, subdivision 1.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Education
Finance.

The
report was adopted.

Schomacker from
the Committee on Health and Human Services Reform to which was referred:

Subd. 2.Duluth.The Seaway Port Authority of Duluth
consists of seven commissioners:three
appointed by the Duluth city council; two by the St. Louis County board,
at least one of whom is a St. Louis County board member representing an
area that includes, as of 2015, an active mine or active mining area; and
two by the governor.

A member of the St. Louis County
delegation of the state house of representatives appointed by that delegation,
and a member of the St. Louis County delegation of the state senate
appointed by that delegation are advisory members of the authority.

Journal of the House - 73rd Day -
Wednesday, March 21, 2018 - Top of Page 7580

EFFECTIVE
DATE.This section is
effective the day after the Duluth Seaway Port Authority board and the St. Louis
County board and their chief clerical officers timely comply with Minnesota
Statutes, section 645.021, subdivisions 2 and 3, and applies to the appointment
made by the St. Louis County board for the port authority commissioner
whose term begins January 1, 2022, or to fill a vacancy in one of the positions
appointed by the St. Louis County board, if the vacancy occurs before
January 1, 2022."

With the recommendation that when so
amended the bill be placed on the General Register.

The
report was adopted.

Anderson, P.,
from the Committee on Agriculture Policy to which was referred:

Reported the same back with the
recommendation that the bill be placed on the General Register.

The
report was adopted.

Journal of the House - 73rd Day -
Wednesday, March 21, 2018 - Top of Page 7581

Hoppe
from the Committee on Commerce and Regulatory Reform to which was referred:

H. F. No. 3196, A bill for
an act relating to health insurance; establishing a step therapy protocol and
override for prescription drug coverage; proposing coding for new law in
Minnesota Statutes, chapter 62Q.

Reported the same back with the following
amendments:

Delete everything after the enacting
clause and insert:

"Section 1.[62Q.184]
STEP THERAPY OVERRIDE.

Subdivision 1.Definitions.(a) For the purposes of this section,
the terms in this subdivision have the meanings given them.

(b) "Clinical practice guideline"
means a systematically developed statement to assist health care providers and
enrollees in making decisions about appropriate health care services for
specific clinical circumstances and conditions developed independently of a
health plan company, pharmaceutical manufacturer, or any entity with a conflict
of interest.

(c) "Clinical review
criteria" means the written screening procedures, decision abstracts,
clinical protocols, and clinical practice guidelines used by a health plan
company to determine the medical necessity and appropriateness of health care
services.

(d) "Health plan company" has
the meaning given in section 62Q.01, subdivision 4, but does not include a
managed care organization or county-based purchasing plan participating in a public
program under chapters 256B or 256L, or an integrated health partnership under
section 256B.0755.

(e) "Step therapy protocol"
means a protocol or program that establishes the specific sequence in which
prescription drugs for a specified medical condition, including
self-administered and physician-administered drugs, are medically appropriate
for a particular enrollee and are covered under a health plan.

(f) "Step therapy override"
means that the step therapy protocol is overridden in favor of coverage of the
selected prescription drug of the prescribing health care provider because at
least one of the conditions of subdivision 3, paragraph (a), exists.

Subd. 2.Establishment
of a step therapy protocol.A
health plan company shall consider available recognized evidence-based and
peer-reviewed clinical practice guidelines when establishing a step therapy
protocol.Upon written request of an
enrollee, a health plan company shall provide any clinical review criteria
applicable to a specific prescription drug covered by the health plan.

Subd. 3.Step
therapy override process; transparency.(a) When coverage of a prescription drug for the treatment of a
medical condition is restricted for use by a health plan company through the
use of a step therapy protocol, enrollees and prescribing health care providers
shall have access to a clear, readily accessible, and convenient process to
request a step therapy override.The
process shall be made easily accessible on the health plan company's Web site.A health plan company may use its existing
medical exceptions process to satisfy this requirement.A health plan company shall grant an override
to the step therapy protocol if at least one of the following conditions exist:

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7582

(1)
the prescription drug required under the step therapy protocol is
contraindicated pursuant to the pharmaceutical manufacturer's prescribing
information for the drug or, due to a documented adverse event with a previous
use or a documented medical condition, including a comorbid condition, is
likely to do any of the following:

(i) cause an adverse reaction to the
enrollee;

(ii) decrease the ability of the
enrollee to achieve or maintain reasonable functional ability in performing
daily activities; or

(iii) cause physical or mental harm to
the enrollee;

(2) the enrollee has had a trial of the
required prescription drug covered by their current or previous health plan, or
another prescription drug in the same pharmacologic class or with the same
mechanism of action, and was adherent during such trial for a period of time
sufficient to allow for a positive treatment outcome, and the prescription drug
was discontinued by the enrollee's health care provider due to lack of
effectiveness, or an adverse event.This
clause does not prohibit a health plan company from requiring an enrollee to
try another drug in the same pharmacologic class or with the same mechanism of
action if that therapy sequence is supported by the evidence-based and
peer-reviewed clinical practice guideline, Food and Drug Administration label,
or pharmaceutical manufacturer's prescribing information; or

(3) the enrollee is currently receiving
a positive therapeutic outcome on a prescription drug for the medical condition
under consideration if, while on their current health plan or the immediately
preceding health plan, the enrollee received coverage for the prescription drug
and the enrollee's prescribing health care provider gives documentation to the
health plan company that the change in prescription drug required by the step
therapy protocol is expected to be ineffective or cause harm to the enrollee
based on the known characteristics of the specific enrollee and the known
characteristics of the required prescription drug.

(b) Upon granting a step therapy
override, a health plan company shall authorize coverage for the prescription
drug if the prescription drug is a covered prescription drug under the
enrollee's health plan.

(c) The enrollee, or the prescribing
health care provider if designated by the enrollee, may appeal the denial of a
step therapy override by a health plan company using the complaint procedure
under sections 62Q.68 to 62Q.73.

(d) In a denial of an override request
and any subsequent appeal, a health plan company's decision must specifically
state why the step therapy override request did not meet the condition under
paragraph (a) cited by the prescribing health care provider in requesting the
step therapy override and information regarding the procedure to request
external review of the denial pursuant to section 62Q.73.A denial of a request for a step therapy
override that is upheld on appeal is a final adverse determination for purposes
of section 62Q.73 and is eligible for a request for external review by an
enrollee pursuant to section 62Q.73.

(e) A health plan company shall respond
to a step therapy override request or an appeal within five days of receipt of
a complete request.In cases where
exigent circumstances exist, a health plan company shall respond within 72
hours of receipt of a complete request.If
a health plan company does not send a response to the enrollee or prescribing
health care provider if designated by the enrollee within the time allotted,
the override request or appeal is granted and binding on the health plan company.

(f) Step therapy override requests must
be accessible to and submitted by health care providers, and accepted by group
purchasers electronically through secure electronic transmission, as described
under section 62J.497, subdivision 5.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7583

(g)
Nothing in this section prohibits a health plan company from:

(1) requesting relevant documentation
from an enrollee's medical record in support of a step therapy override
request; or

(2) requiring an enrollee to try a
generic equivalent drug pursuant to section 151.21, or a biosimilar, as defined
under United States Code, chapter 42, section 262(i)(2), prior to providing
coverage for the equivalent branded prescription drug.

(h) This section shall not be construed
to allow the use of a pharmaceutical sample for the primary purpose of meeting
the requirements for a step therapy override.

EFFECTIVE
DATE.This section is
effective January 1, 2019, and applies to health plans offered, issued, or sold
on or after that date."

With the recommendation that when so amended
the bill be re-referred to the Committee on Health and Human Services Reform.

The
report was adopted.

Schomacker from
the Committee on Health and Human Services Reform to which was referred:

(a) Orders and directives in force,
issued, or promulgated under authority of chapters 174A, 216A, 218, 219, 221,
and 222 remain and continue in force and effect until repealed, modified, or
superseded by duly authorized orders or directives of the commissioner of
transportation.To the extent allowed
under federal law or regulation, rules adopted under authority of the following
sections are transferred to the commissioner of transportation and continue in
force and effect until repealed, modified, or superseded by duly authorized
rules of the commissioner:

Subdivision 1.Order.The commissioner may issue an order
requiring violations to be corrected and administratively
assessing monetary penalties for a violation of (1) section 221.021; (2)
section 221.033, subdivision 2b; (3) section 221.171; (4) section
221.141; (5) a federal, state, or local law, regulation, rule, or ordinance
pertaining to railroad-highway grade crossings; or (6) rules of the
commissioner relating to the transportation of hazardous waste, motor carrier
operations, or insurance, or tariffs and accounting.An order must be issued as provided in this
section.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7585

Subd. 3.Amount
of penalty; considerations.(a) The
commissioner may issue an order assessing a penalty of up to $5,000 for all
violations identified during a single audit or investigation of (1)
section 221.021;, 221.141;, or 221.171, or (2)
rules of the commissioner relating to motor carrier operations,or
insurance, or tariffs and accounting, identified during a single inspection,
audit, or investigation.

(b) The commissioner may issue an order
assessing a penalty up to a maximum of $10,000 for all violations of section
221.033, subdivision 2b, identified during a single inspection or audit.

(c) In determining the amount of a penalty,
the commissioner shall consider:

(1) the willfulness of the violation;

(2) the gravity of the violation, including
damage to humans, animals, air, water, land, or other natural resources of the
state;

(3) the history of past violations,
including the similarity of the most recent violation and the violation to be
penalized, the time elapsed since the last violation, the number of previous
violations, and the response of the person to the most recent violation
identified;

(4) the economic benefit gained by the
person by allowing or committing the violation; and

(5) other factors as justice may require, if
the commissioner specifically identifies the additional factors in the
commissioner's order.

(d) The commissioner shall assess a penalty
in accordance with Code of Federal Regulations, title 49, section 383.53,
against:

(1) a driver who is convicted of a violation
of an out-of-service order;

(2) an employer who knowingly allows or
requires an employee to operate a commercial motor vehicle in violation of an
out-of-service order; or

(3) an employer who knowingly allows or
requires an employee to operate a commercial motor vehicle in violation of a
federal, state, or local law or regulation pertaining to railroad-highway grade
crossings.

Subdivision 1.Filing;
hearing upon commissioner initiativeTariff maintenance and contents.A household goods carriermover
shall file and maintain with the commissioner a tariff showing
rates and charges for transporting household goods.Tariffs must be prepared and filed in
accordance with the rules of the commissioner.When tariffs are filed in accordance with the rules and accepted by the
commissioner, the filing constitutes notice to the public and interested
parties of the contents of the tariffs.The
commissioner shall not accept for filing tariffs that are unjust, unreasonable,
unjustly discriminatory, unduly preferential or prejudicial, or otherwise in
violation of this section or rules adopted under this section.If the tariffs appear to be unjust,
unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or
otherwise in violation of this section or rules adopted under this section,
after notification and investigation by the department, the commissioner may
suspend and postpone the effective date of the tariffs and assign the tariffs for
hearing upon notice to the household goods carrier filing the proposed tariffs
and to other interested parties, including users of the service and competitive
carriers by motor vehicle and rail.At
the hearing, the burden of proof is on the household goods carrier filing the
proposed tariff to sustain the validity of the proposed schedule of rates and
charges.The tariffs and subsequent
supplements to them or reissues of them must state the effective date, which
may not be less than ten days following the date of filing, unless the period
of time is reduced by special permission of the commissioner.A household goods mover must prepare a
tariff under this section in accordance with Code of Federal Regulations, title
49, part 1310.3, which is incorporated by reference.

Subd. 5.Tariff
availability.(a) A household
goods mover subject to this section must maintain all of its effective tariffs
at its principal place of business and at each of its terminal locations, and
must make the tariffs available to the public for inspection at all times the
household goods mover is open for business.Any publication referred to in a tariff must be maintained with that tariff.

(b) Upon request, a household goods
mover must provide copies of tariffs, specific tariff provisions, or tariff
subscriptions to the commissioner or any interested person.

Subdivision 1.Compensation
fixed by schedule on file.NoA household goods carrier shallmover must not charge or
receive a greater, lesser, or different compensation for the transportation of
persons or property or for related service,provided
than the rates and charges named in the carrier's schedule on file and in
effect with the commissioner including any rate fixed by the commissionerspecified
in the tariff under section 221.161; nor shall.A household goods carriermover
must not refund or remit in any manner or by any device, directly or
indirectly, the rates and charges required to be collected by the carriermover under the carrier'smover's schedules or under
the rates, if any, fixed by the commissioner.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Transportation
Finance.

The
report was adopted.

Nornes from the Committee on Higher
Education and Career Readiness Policy and Finance to which was referred:

H. F. No. 3372, A bill for
an act relating to higher education; modifying the process for electing members
of the Board of Regents of the University of Minnesota; providing for
recommendations by congressional district legislative delegation; amending
Minnesota Statutes 2016, sections 137.0245, subdivisions 1, 4; 137.0246,
subdivision 2, by adding a subdivision.

Reported the same back with the following
amendments:

Delete everything after the enacting
clause and insert:

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7588

Subdivision 1.Establishment.A Regent Candidate Advisory CouncilLegislative Commission on Regent Selection is established to assist in
determining criteria for, and identifying and recruiting qualified candidates
for membership on the Board of Regents and making recommendations to the joint
legislative committee described in section 137.0246, subdivision 2.

Subd. 2.Membership.(a) The Regent Candidate
Advisory Council shallLegislative Commission on Regent Selectionconsistconsists of:24 members.Twelve members shall be appointed by the
Subcommittee on Committees of the Committee on Rules and Administration of the
senate.Twelve members shall be
appointed by the speaker of the house.Each
appointing authority must appoint one member who is a student enrolled in a
degree program at the University of Minnesota at the time of appointment.No more than one-third of the members
appointed by each appointing authority may be current or former legislators.No more than two-thirds of the members
appointed by each appointing authority may belong to the same political party;
however, political activity or affiliation is not required for the appointment
of any member.Geographical
representation must be taken into consideration when making appointments.Section 15.0575 shall govern the advisory
council, except that:

(1) the members shall be appointed to
six-year terms with one-third appointed each even-numbered year; and

(2) student members are appointed to
two-year terms with two students appointed each even-numbered year.

A member may not serve more than two
full terms

(1) four members of the house of
representatives, two of whom are appointed by the speaker of the house and two
of whom are appointed by the minority leader; and

(2) four members of the senate, two of
whom are appointed by the majority leader and two of whom are appointed by the
minority leader.

(b) Members serve at the pleasure of
the appointing authority.The first
appointments must be made by September 1, 2018.

(c) A chair of the commission serves a
two-year term, expiring on June 30 in an even-numbered year.The chair must alternate biennially between a
designee of the speaker of the house and a designee of the senate majority leader.The speaker of the house shall designate the
first chair.The chair may vote on any
matter before the commission.

Subd. 3.Duties.(a) The advisory councilcommission
shall:

(1) develop, in consultation with current
and former regents, the University of Minnesota Alumni Association, and
the administration of the University of Minnesota, a statement of the selection
criteria to be applied and a description of the responsibilities and duties of
a regent, and shall distribute this to potential candidates; and

(2) for each position on the board,
identify and recruit qualified candidates for the Board of Regents, based on
the background and experience of the candidates, their potential for
discharging the responsibilities of a member of the Board of Regents, and the
needs of the board.The selection
criteria must not include a limitation on the number of terms an individual may
serve on the Board of Regents.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7589

(b)
The selection criteria developed under paragraph (a), clause (1), must include
a criterion that regents represent diversity in geography; gender; race;
occupation, including business and labor; and experience.

(c) The selection criterion must include an
identification of the membership needs of the board for individual skills
relevant to the governance of the University of Minnesota and the needs for
certain individual characteristics.Individual
characteristics relate to qualities such as gender, race, and geographic
location of residence.

Subd. 4.Recommendations.(a) The advisory councilcommission
shall recommend at least twoone and not more than fourthree
candidates for each vacancy.By
January 15 of each odd-numbered year, the advisory councilcommission
shall submit its recommendations to the joint legislative committee described
in section 137.0246, subdivision 2.

(b) The advisory councilcommission
must submit a report to the joint committee on the needs criterion identified
under subdivision 3, paragraph (c), at the same time it submits its
recommendations.

Subd. 2.Regent nomination joint committee.(a) The joint legislative committee
consists of the members of the higher education budget and policy divisions in
each house of the legislature.The
chairs of the divisions from each body shall be cochairs of the joint
legislative committee.A majority of the
members from each house is a quorum of the joint committee.

(b) By February 28 of each odd-numbered year,
or at a date agreed to by concurrent resolution, the joint legislative
committee shall meet to consider the advisory council'sLegislative
Commission on Regent Selection's recommendations for regent of the
University of Minnesota for possible presentation to a joint convention of the
legislature.

(c) The joint committee may recommend to the
joint convention candidates recommended by the advisory councilLegislative
Commission on Regent Selection and the other candidates nominated by the
joint committee.A candidate other than
those recommended by the advisory councilLegislative Commission on
Regent Selection may be nominated for consideration by the joint committee
only if the nomination receives the support of at least three house of
representatives members of the committee and two senate members of the
committee.A candidate must receive a
majority vote of members from the house of representatives and from the senate
on the joint committee to be recommended to the joint convention.The joint committee may recommend no more
than one candidate for each vacancy.In
recommending nominees, the joint committee must consider the needs of the board
of regents and the balance of the board membership with respect to gender,
racial, and ethnic composition."

Delete the title and insert:

"A bill for an act relating to higher
education; modifying the process for electing members of the Board of Regents
of the University of Minnesota; amending Minnesota Statutes 2016, sections
137.0245; 137.0246."

With the recommendation that when so
amended the bill be re-referred to the Committee on Government Operations and
Elections Policy.

The
report was adopted.

Journal of the House - 73rd Day -
Wednesday, March 21, 2018 - Top of Page 7590

Subd. 34.Homestead
of disabled veteran or family caregiver.(a) All or a portion of the market value of property owned by a
veteran and serving as the veteran's homestead under this section is excluded
in determining the property's taxable market value if the veteran has a
service-connected disability of 70 percent or more as certified by the United
States Department of Veterans Affairs.To
qualify for exclusion under this subdivision, the veteran must have been
honorably discharged from the United States armed forces, as indicated by
United States Government Form DD214 or other official military discharge
papers.

(b)(1) For a disability rating of 70 percent
or more, $150,000 of market value is excluded, except as provided in clause
(2); and

(2) for a total (100 percent) and
permanent100 percent disability rating, $300,000 of market
value is excluded.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7591

(c)
If a disabled veteran qualifying for a valuation exclusion under paragraph (b),
clause (2), predeceases the veteran's spouse, and if upon the death of the
veteran the spouse holds the legal or beneficial title to the homestead and
permanently resides there, the exclusion shall carry over to the benefit of the
veteran's spouse for the current taxes payable year and for eight additional
taxes payable years or until such time as the spouse remarries, or sells,
transfers, or otherwise disposes of the property, whichever comes first.Qualification under this paragraph requires
an application under paragraph (h), and a spouse must notify the assessor if
there is a change in the spouse's marital status, ownership of the property, or
use of the property as a permanent residence.

(d) If the spouse of a member of any
branch or unit of the United States armed forces who dies due to a service‑connected
cause while serving honorably in active service, as indicated on United States
Government Form DD1300 or DD2064, holds the legal or beneficial title to a
homestead and permanently resides there, the spouse is entitled to the benefit
described in paragraph (b), clause (2), for eight taxes payable years, or
until such time as the spouse remarries or sells, transfers, or otherwise
disposes of the property, whichever comes first.

(e) If a veteran meets the disability
criteria of paragraph (a) but does not own property classified as homestead in
the state of Minnesota, then the homestead of the veteran's primary family
caregiver, if any, is eligible for the exclusion that the veteran would
otherwise qualify for under paragraph (b).

(f) In the case of an agricultural
homestead, only the portion of the property consisting of the house and garage
and immediately surrounding one acre of land qualifies for the valuation
exclusion under this subdivision.

(g) A property qualifying for a valuation
exclusion under this subdivision is not eligible for the market value exclusion
under subdivision 35, or classification under subdivision 22, paragraph (b).

(h) To qualify for a valuation exclusion
under this subdivision a property owner must apply to the assessor by July 1 of
the first assessment year for which the exclusion is sought.For an application received after July 1, the
exclusion shall become effective for the following assessment year.Except as provided in paragraph (c), the
owner of a property that has been accepted for a valuation exclusion must
notify the assessor if there is a change in ownership of the property or in the
use of the property as a homestead.

(i) A first-time application by a
qualifying spouse for the market value exclusion under paragraph (d) must be
made any time within two years of the death of the service member.

(j) For purposes of this subdivision:

(1) "active service" has the
meaning given in section 190.05;

(2) "own" means that the
person's name is present as an owner on the property deed;

(3) "primary family caregiver"
means a person who is approved by the secretary of the United States Department
of Veterans Affairs for assistance as the primary provider of personal care
services for an eligible veteran under the Program of Comprehensive Assistance
for Family Caregivers, codified as United States Code, title 38, section 1720G;
and

(4) "veteran" has the meaning
given the term in section 197.447.

(k) If a veteran dying after December 31,
2011, did not apply for or receive the exclusion under paragraph (b), clause
(2), before dying, the veteran's spouse is entitled to the benefit under
paragraph (b), clause (2), for eight taxes payable years or until the
spouse remarries or sells, transfers, or otherwise disposes of the property if:

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7592

(1)
the spouse files a first-time application within two years of the death of the
service member or by June 1, 2019, whichever is later;

(2) upon the death of the veteran, the
spouse holds the legal or beneficial title to the homestead and permanently
resides there;

(3) the veteran met the honorable
discharge requirements of paragraph (a); and

(4) the United States Department of
Veterans Affairs certifies that:

(i)
the veteran met the total (100 percent) and permanent disability requirement
under paragraph (b), clause (2); or

(ii) the spouse has been awarded
dependency and indemnity compensation.

(l) The purpose of this provision of law
providing a level of homestead property tax relief for gravely disabled veterans,
their primary family caregivers, and their surviving spouses is to help ease
the burdens of war for those among our state's citizens who bear those burdens
most heavily.

(m) By July 1, the county veterans service
officer must certify the disability rating and permanent address of each
veteran receiving the benefit under paragraph (b) to the assessor.

EFFECTIVE
DATE.This section is
effective beginning with assessments in 2018."

Correct the title numbers accordingly

With the recommendation that when so
amended the bill be re-referred to the Committee on Taxes.

The
report was adopted.

Anderson, P.,
from the Committee on Agriculture Policy to which was referred:

Page 2, line 10, strike "The" and
insert "A child care" and after "study" insert
", except for a study on a subject who is 17 years of age or younger
residing in a licensed family child care home or legal nonlicensed child care
program, who is not a child care staff person as defined in section 245C.02,
subdivision 6a,"

Page 2, line 12, after the period, insert
"The commissioner may require a subject who is 17 years of age or
younger residing in a licensed family child care home or legal nonlicensed
child care program to submit fingerprints and a photograph if the commissioner
has reasonable cause to require a national criminal history record check."

Page 2, line 13, delete "For a"

Page 2, delete lines 14 to 19

Page 2, line 21, delete the new language
and after "(1)" insert "except as provided in paragraph (b),"

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7594

Page 5, line 11, after the period, insert
"For a background study on a subject who is 17 years of age or younger
residing in a licensed family child care home or legal nonlicensed child care
program, who is not a child care staff person as defined in section 245C.02,
subdivision 6a, the subject shall submit the information required under
subdivision 1, paragraph (a), and shall not be required to be fingerprinted and
photographed, unless the commissioner has reasonable cause to require a
national criminal history record check."

Subd. 5.Fingerprints and photograph.(a) Before the implementation of NETStudy
2.0, except as provided in paragraph (c), for any background study completed
under this chapter, when the commissioner has reasonable cause to believe that
further pertinent information may exist on the subject of the background study,
the subject shall provide the commissioner with a set of classifiable
fingerprints obtained from an authorized agency.

(b) Before the implementation of NETStudy
2.0, for purposes of requiring fingerprints, the commissioner has reasonable
cause when, but not limited to, the:

(1) information from the Bureau of Criminal
Apprehension indicates that the subject is a multistate offender;

(2) information from the Bureau of Criminal
Apprehension indicates that multistate offender status is undetermined; or

(3) commissioner has received a report from
the subject or a third party indicating that the subject has a criminal history
in a jurisdiction other than Minnesota.; or

(4) information from the Bureau of
Criminal Apprehension indicates that the subject has a criminal history, for a
state-based name and date of birth background study on a subject who is a
minor.

(c) Notwithstanding paragraph (d), for
background studies conducted by the commissioner for child foster care,
adoptions, or a transfer of permanent legal and physical custody of a child,
the subject of the background study, who is 18 years of age or older, shall
provide the commissioner with a set of classifiable fingerprints obtained from
an authorized agency for a national criminal history record check.

(d) For background studies initiated on or
after the implementation of NETStudy 2.0, every subject of a background study
must provide the commissioner with a set of the background study subject's
classifiable fingerprints and photograph.The photograph and fingerprints must be recorded at the same time by the
commissioner's authorized fingerprint collection vendor and sent to the
commissioner through the commissioner's secure data system described in section
245C.32, subdivision 1a, paragraph (b).The
fingerprints shall not be retained by the Department of Public Safety, Bureau
of Criminal Apprehension, or the commissioner, but will be retained by the Federal
Bureau of Investigation.The
commissioner's authorized fingerprint collection vendor shall, for purposes of
verifying the identity of the background study subject, be able to view the
identifying information

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7595

entered
into NETStudy 2.0 by the entity that initiated the background study, but shall
not retain the subject's fingerprints, photograph, or information from NETStudy
2.0.The authorized fingerprint
collection vendor shall retain no more than the name and date and time the
subject's fingerprints were recorded and sent, only as necessary for auditing
and billing activities.A background
study subject who is 17 years of age or younger residing in a licensed family
child care home or legal nonlicensed child care program, who is not a child
care staff person as defined in section 245C.02, subdivision 6a, shall not be
required to submit fingerprints and a photograph, unless the commissioner has
reasonable cause to require a national criminal history record check.

(e) When specifically required by law,
fingerprints collected under this section must be submitted for a national
criminal history record check."

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Civil Law and
Data Practices Policy.

The
report was adopted.

Fabian from the
Committee on Environment and Natural Resources Policy and Finance to which was
referred:

H. F. No. 3660, A bill for
an act relating to environment; implementing terms of recent settlement between
state and 3M Company; appropriating money; amending Minnesota Statutes 2016,
section 116.155, subdivision 1, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 115B.

Reported the same back with the following
amendments:

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7596

Page
1, line 19, delete "a quarterly report" and insert "by
March 1 and November 1 each year, a biannual report" and delete "Legislative
Water Commission" and insert "chairs and ranking minority
members of the legislative policy and finance committees with jurisdiction over
environment and natural resources"

Page 1, line 20, delete "quarter"
and insert "six months"

With the recommendation that when so
amended the bill be re-referred to the Committee on Ways and Means.

The
report was adopted.

Fabian from the
Committee on Environment and Natural Resources Policy and Finance to which was referred:

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7597

Page
22, line 4, delete everything after "industry" and insert
"as a residential building contractor or residential remodeler, except
that mechanical contractors, plumbing contractors, electrical contractors, and
technology system contractors properly registered or licensed under chapter
326B may perform installation of energy improvements that fall completely
within the scope of the contractor's registration or license."

Page 22, delete line 5

Page 23, after line 32, insert:

"(12) engage in practices
prohibited under section 326B.84;"

Page 24, line 1, delete "(12)"
and insert "(13)"

Page 24, line 4, delete "(13)"
and insert "(14)"

Page 24, line 5, delete "(14)"
and insert "(15)"

Page 26, line 6, after "loan"
insert ", and all applicable fees"

With the recommendation that when so
amended the bill be re-referred to the Committee on Government Operations and
Elections Policy.

The
report was adopted.

Scott from the Committee
on Civil Law and Data Practices Policy to which was referred:

H. F. No. 3693, A bill for
an act relating to public safety; creating liability and vicarious liability
for trespass to critical infrastructure; creating a crime for recruiting or educating
individuals to trespass on or damage critical infrastructure; amending
Minnesota Statutes 2016, sections 609.594, subdivision 2; 609.6055, subdivision
2; proposing coding for new law in Minnesota Statutes, chapter 604.

Reported the same back with the following
amendments:

Page 1, lines 10 and 14, delete "609.595"
and insert "609.594"

With the recommendation that when so
amended the bill be re-referred to the Committee on Public Safety and Security
Policy and Finance.

The
report was adopted.

Runbeck from the
Committee on Transportation and Regional Governance Policy to which was
referred:

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Agriculture
Finance.

The
report was adopted.

Runbeck from the
Committee on Transportation and Regional Governance Policy to which was
referred:

H. F. No. 3726, A bill for
an act relating to public safety; requiring ignition interlock for repeat
offenders to reinstate driving privileges; providing that driving without a
license after a DWI-related offense is not a payable offense; amending
Minnesota Statutes 2016, sections 169A.55, subdivision 4; 171.24, by adding a
subdivision.

Reported the same back with the following
amendments:

Page 1, line 11, delete the second "nor"
and insert "the person has not transferred ownership of a vehicle to a
family or household member, no family or household member owns or leases a
vehicle which the person has express or implied consent to drive, and the
person has not"

Page 1, line 12, before the semicolon,
insert "during the revocation period"

Page 1, after line 22, insert:

"As used in this paragraph, "family or household
member" has the meaning given in section 169A.63, subdivision 1, paragraph
(f)."

With the recommendation that when so
amended the bill be re-referred to the Committee on Public Safety and Security
Policy and Finance.

The
report was adopted.

Schomacker from
the Committee on Health and Human Services Reform to which was referred:

"(c) Upon approval by the
Legislative Budget Office, a completed fiscal note must be delivered to the
legislative committee chair who made the request, and to the chief author of
the legislation to which it relates.Within
24 hours of approval, a completed fiscal note must be posted on the office's
public Web site, unless data maintained by a government entity related to the
fiscal note are classified as not public under section 13.64, subdivision 3."

With the recommendation that when so
amended the bill be re-referred to the Committee on Government Operations and
Elections Policy.

The
report was adopted.

Journal of the House - 73rd Day -
Wednesday, March 21, 2018 - Top of Page 7600

Runbeck
from the Committee on Transportation and Regional Governance Policy to which
was referred:

Page 6, line 21, after the period, insert
"The commissioner of human services and the Metropolitan Council must
provide notice to each individual using or seeking to use special
transportation services, including how and for what purposes the individual's
data will be shared between the Department of Human Services and the
Metropolitan Council.An individual who
does not want the individual's private data shared must inform the commissioner
of human services or the Metropolitan Council within 60 days of receiving the
notice."

Page 7, line 11, after the period, insert
"The commissioner of human services and the Metropolitan Council must
provide notice to each individual using or seeking to use special
transportation services, including how and for what purposes the individual's
data will be shared between the Department of Human Services and the
Metropolitan Council.An individual who
does not want the individual's private data shared must inform the commissioner
of human services or the Metropolitan Council within 60 days of receiving the
notice."

With the recommendation that when so
amended the bill be re-referred to the Committee on Civil Law and Data
Practices Policy.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Government
Operations and Elections Policy.

The
report was adopted.

Runbeck from the
Committee on Transportation and Regional Governance Policy to which was
referred:

H. F. No. 3917, A bill for
an act relating to the Metropolitan Council; providing for staggered terms;
expanding the membership of the nomination committee; requiring additional
information to be made publicly available as part of the selection process;
clarifying council member qualifications; amending Minnesota Statutes 2016,
section 473.123, subdivisions 2a, 3.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Government
Operations and Elections Policy.

The
report was adopted.

Runbeck from the
Committee on Transportation and Regional Governance Policy to which was
referred:

The bill was read for the first time and
referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.

Zerwas introduced:

H. F. No. 4062, A bill for an act relating
to commerce; requiring disclosure with respect to video games that contain a
system of further purchasing of randomized rewards; proposing coding for new
law in Minnesota Statutes, chapter 325I.

The bill was read for the first time and
referred to the Committee on Commerce and Regulatory Reform.

The bill was read for the first time and
referred to the Committee on Taxes.

Murphy, M., and Ecklund introduced:

H. F. No. 4064, A bill for an act relating
to capital investment; appropriating money for improvements to and renovation
of the main lift station in Two Harbors; authorizing the sale and issuance of
state bonds.

The bill was read for the first time and
referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7604

Peterson
introduced:

H. F. No. 4065, A bill for an act relating
to capital investment; appropriating money for the Children's Theatre Company;
authorizing the sale and issuance of state bonds.

The bill was read for the first time and
referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.

The bill was read for the first time and
referred to the Committee on Public Safety and Security Policy and Finance.

Ecklund, Davids, Considine, Howe and Sundin
introduced:

H. F. No. 4077, A bill for an act relating
to taxation; local lodging; providing an exemption from the Ely Area Lodging
Tax District.

The bill was read for the first time and
referred to the Committee on Environment and Natural Resources Policy and
Finance.

Fabian, Marquart and Kiel introduced:

H. F. No. 4078, A bill for an act relating
to natural resources; recognizing Red River Basin Commission; providing for
membership and duties of commission; appropriating money; proposing coding for
new law in Minnesota Statutes, chapter 103B.

The bill was read for the first time and
referred to the Committee on Environment and Natural Resources Policy and
Finance.

The bill was read for the first time and
referred to the Committee on Education Finance.

Grossell introduced:

H. F. No. 4082, A bill for an act relating
to public safety; prohibiting local units of government from disarming peace
officers who are in good standing; amending Minnesota Statutes 2016, section
626.8452, by adding a subdivision.

The bill was read for the first time and
referred to the Committee on Government Operations and Elections Policy.

Daniels introduced:

H. F. No. 4083, A bill for an act relating
to motor vehicles; establishing military ready reserve special license plates; proposing
coding for new law in Minnesota Statutes, chapter 168.

The bill was read for the first time and
referred to the Veterans Affairs Division.

Daniels introduced:

H. F. No. 4084, A bill for an act relating
to capital investment; appropriating money for a track at the Minnesota State
Academies; authorizing the sale and issuance of state bonds.

The bill was read for the first time and
referred to the Committee on State Government Finance.

Daniels introduced:

H. F. No. 4085, A bill for an act relating
to capital investment; appropriating money for a water treatment plant in
Faribault; authorizing the sale and issuance of state bonds.

The bill was read for the first time and
referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.

Daniels introduced:

H. F. No. 4086, A bill for an act relating
to capital investment; appropriating money for flood protection and mitigation
for the Faribault Water Reclamation Facility; authorizing the sale and issuance
of state bonds.

The bill was read for the first time and
referred to the Committee on Environment and Natural Resources Policy and
Finance.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7608

Daniels
introduced:

H. F. No. 4087, A bill for an act relating
to capital investment; appropriating money for renovations of dormitories at
the Minnesota State Academies; authorizing the sale and issuance of state
bonds.

The bill was read for the first time and
referred to the Committee on State Government Finance.

Daniels introduced:

H. F. No. 4088, A bill for an act relating
to capital investment; appropriating money for a security corridor at the
Minnesota State Academy for the Deaf campus; authorizing the sale and issuance
of state bonds.

The bill was read for the first time and
referred to the Committee on State Government Finance.

Daniels introduced:

H. F. No. 4089, A bill for an act relating
to capital investment; appropriating money for the Northern Links Trail;
authorizing the sale and issuance of state bonds.

The bill was read for the first time and
referred to the Committee on Environment and Natural Resources Policy and
Finance.

Gunther introduced:

H. F. No. 4090, A bill for an act relating
to capital investment; appropriating money for a new and renovated Martin
County justice center; authorizing the sale and issuance of state bonds.

The bill was read for the first time and
referred to the Committee on Public Safety and Security Policy and Finance.

Zerwas introduced:

H. F. No. 4091, A bill for an act relating
to public safety; requiring the Police Officer Standards and Training Board to
develop a domestic violence policy for state and local law enforcement
agencies; proposing coding for new law in Minnesota Statutes, chapter 626.

The bill was read for the first time and
referred to the Committee on Public Safety and Security Policy and Finance.

The bill was read for the first time and
referred to the Committee on Ways and Means.

Dettmer introduced:

H. F. No. 4100, A bill for an act relating
to cemeteries; providing for the mandatory transfer of certain abandoned
cemeteries; requiring a report to the state auditor on abandoned cemeteries;
amending Minnesota Statutes 2016, section 306.243, by adding a subdivision.

The bill was read for the first time and
referred to the Committee on State Government Finance.

Haley introduced:

H. F. No. 4101, A bill for an act relating
to environment; providing additional time for compliance with buffer law
requirements; amending Laws 2015, First Special Session chapter 4, article 4,
section 146, as amended.

The bill was read for the first time and
referred to the Committee on Environment and Natural Resources Policy and
Finance.

Baker introduced:

H. F. No. 4102, A bill for an act relating
to capital investment; appropriating money for a highway-rail grade separation
on County State-Aid Highways 55, 5, and 15 in Kandiyohi County; authorizing the
sale and issuance of state bonds.

The bill was read for the first time and
referred to the Committee on Transportation Finance.

Daniels introduced:

H. F. No. 4103, A bill for an act relating
to transportation; directing the Department of Transportation to erect certain
signs on marked Interstate Highway 35.

The bill was read for the first time and
referred to the Committee on Transportation and Regional Governance Policy.

Garofalo introduced:

H. F. No. 4104, A bill for an act relating
to elections; authorizing mail balloting in any town or any city with fewer
than 400 registered voters; amending Minnesota Statutes 2016, section 204B.45,
subdivision 1.

The bill was read for the first time and
referred to the Committee on Government Operations and Elections Policy.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7611

Poston
introduced:

H. F. No. 4105, A bill for an act relating
to capital investment; appropriating money for the Wadena Armory; authorizing
the sale and issuance of state bonds.

The bill was read for the first time and
referred to the Committee on State Government Finance.

Heintzeman introduced:

H. F. No. 4106, A bill for an act relating
to waters; creating certification program for new wastewater treatment
technology; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 115.

The bill was read for the first time and
referred to the Committee on Environment and Natural Resources Policy and
Finance.

The bill was read for the first time and
referred to the Committee on Health and Human Services Reform.

Kresha and Pinto introduced:

H. F. No. 4113, A bill for an act relating
to health; modifying an appropriation to the commissioner of health for home
visiting programs for families with young children; amending Laws 2017, First
Special Session chapter 6, article 18, section 3, subdivision 2.

The bill was read for the first time and
referred to the Committee on Health and Human Services Finance.

Miller and Baker introduced:

H. F. No. 4114, A bill for an act relating
to economic development; providing for compensation to businesses for loss of
business opportunity from sale and closure of biomass energy plant; creating an
account; transferring money.

The bill was read for the first time and
referred to the Committee on Government Operations and Elections Policy.

The bill was read for the first time and
referred to the Committee on Education Finance.

Miller introduced:

H. F. No. 4118, A bill for an act relating
to energy; establishing a process to compensate businesses for loss of business
opportunity resulting from sale and closure of a biomass energy plant;
proposing coding for new law in Minnesota Statutes, chapter 116C.

The bill was read for the first time and
referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.

Anselmo moved that the names of Lesch and
Dettmer be added as authors on H. F. No. 3495.The motion prevailed.

Garofalo moved that the name of Zerwas be
added as an author on H. F. No. 3568.The motion prevailed.

Journal of the House - 73rd Day -
Wednesday, March 21, 2018 - Top of Page 7620

Hamilton moved that the name of Lesch
be added as an author on H. F. No. 3586.The motion prevailed.

Peterson moved that the names of
Christensen and Theis be added as authors on
H. F. No. 3587.The
motion prevailed.

Loon moved that the name of Dettmer be
added as an author on H. F. No. 3600.The motion prevailed.

Poppe moved that the names of Garofalo,
Dettmer and Gruenhagen be added as authors on
H. F. No. 3646.The
motion prevailed.

Fenton moved that the name of Fischer be
added as an author on H. F. No. 3660.The motion prevailed.

Lesch moved that the name of Franke be
added as an author on H. F. No. 3677.The motion prevailed.

Gruenhagen moved that the name of
Considine be added as an author on H. F. No. 3694.The motion prevailed.

Hamilton moved that the name of Lueck be
added as an author on H. F. No. 3719.The motion prevailed.

Drazkowski moved that the names of Green,
Zerwas, Daniels and Bahr, C., be added as authors on
H. F. No. 3779.The
motion prevailed.

Loon moved that the name of Applebaum be
added as an author on H. F. No. 3793.The motion prevailed.

Schomacker moved that the name of Theis be
added as an author on H. F. No. 3833.The motion prevailed.

Poston moved that the names of Newberger
and Lohmer be added as authors on H. F. No. 3840.The motion prevailed.

Albright moved that the name of Ecklund be
added as an author on H. F. No. 3851.The motion prevailed.

Dehn, R., moved that the name of Hausman
be added as an author on H. F. No. 3854.The motion prevailed.

Peterson moved that the name of Layman be
added as an author on H. F. No. 3862.The motion prevailed.

Theis moved that the name of Christensen
be added as an author on H. F. No. 3884.The motion prevailed.

Moran moved that the name of Peterson be
added as an author on H. F. No. 3887.The motion prevailed.

Koznick moved that the name of Gruenhagen
be added as an author on H. F. No. 3895.The motion prevailed.

Nornes moved that the name of Zerwas be
added as an author on H. F. No. 3899.The motion prevailed.

Uglem moved that the names of Kresha,
Vogel, Schultz, Freiberg and Murphy, E., be added as authors on
H. F. No. 3921.The
motion prevailed.

Theis moved that the name of Rarick be
added as an author on H. F. No. 3941.The motion prevailed.

Theis moved that the names of Rarick and
Howe be added as authors on H. F. No. 3942.The motion prevailed.

Theis moved that the names of Rarick and
Howe be added as authors on H. F. No. 3943.The motion prevailed.

Journal of the House - 73rd Day -
Wednesday, March 21, 2018 - Top of Page 7621

Theis moved that the name of Rarick
be added as an author on H. F. No. 3944.The motion prevailed.

Runbeck moved that the name of Lucero be
added as an author on H. F. No. 3949.The motion prevailed.

Maye Quade moved that the name of Omar be
added as an author on H. F. No. 3951.The motion prevailed.

Ward moved that the name of Clark be added
as an author on H. F. No. 3955.The motion prevailed.

Omar moved that the name of Clark be added
as an author on H. F. No. 3974.The motion prevailed.

Loeffler moved that the name of Clark be
added as an author on H. F. No. 3975.The motion prevailed.

Zerwas moved that the name of Howe be
added as an author on H. F. No. 3978.The motion prevailed.

Layman moved that the name of Schultz be
added as an author on H. F. No. 3988.The motion prevailed.

Green moved that the name of Lueck be
added as an author on H. F. No. 3994.The motion prevailed.

Nash moved that the name of Bahr, C., be
added as an author on H. F. No. 3997.The motion prevailed.

Runbeck moved that the names of Lohmer and
Fischer be added as authors on H. F. No. 4003.The motion prevailed.

Runbeck moved that the name of Lucero be
added as an author on H. F. No. 4004.The motion prevailed.

Murphy, E., moved that the names of Omar
and Clark be added as authors on H. F. No. 4005.The motion prevailed.

Swedzinski moved that the name of Dettmer
be added as an author on H. F. No. 4008.The motion prevailed.

Layman moved that the name of Lueck be
added as an author on H. F. No. 4012.The motion prevailed.

Dehn, R., moved that the name of Lee be
added as an author on H. F. No. 4014.The motion prevailed.

Anderson, S., moved that the name of
Lucero be added as an author on H. F. No. 4016.The motion prevailed.

Franke moved that his name be stricken as
an author on H. F. No. 4021.The motion prevailed.

Gunther moved that the name of Lueck be
added as an author on H. F. No. 4032.The motion prevailed.

Gunther moved that the name of Petersburg
be added as an author on H. F. No. 4033.The motion prevailed.

Swedzinski moved that his name be stricken
as an author on H. F. No. 4047.The motion prevailed.

Rosenthal moved that the names of Dehn,
R., and Pierson be added as authors on H. F. No. 4051.The motion prevailed.

Youakim moved that the names of Becker-Finn
and Knoblach be added as authors on H. F. No. 4053.The motion prevailed.

Journal of the House - 73rd Day -
Wednesday, March 21, 2018 - Top of Page 7622

Zerwas moved that
H. F. No. 3132 be recalled from the Committee on Civil Law and
Data Practices Policy and be re-referred to the Committee on Health and Human
Services Finance.The motion prevailed.

Fenton moved that
H. F. No. 3371, now on the General Register, be re-referred to
the Committee on Ways and Means.The
motion prevailed.

Kunesh-Podein moved that
H. F. No. 3375 be recalled from the Committee on Public Safety
and Security Policy and Finance and be re-referred to the Committee on
Government Operations and Elections Policy.The motion prevailed.

There being no objection, the order of
business reverted to Messages from the Senate.

MESSAGES FROM
THE SENATE

The
following message was received from the Senate:

Mr. Speaker:

I hereby announce the Senate refuses to
concur in the House amendments to the following Senate File:

S. F. No. 3133, A bill for
an act relating to public safety; requiring the legislative auditor to appoint
an information technology auditor to conduct an assessment of MNLARS;
establishing a MNLARS steering committee; appropriating money.

The Senate respectfully requests that a
Conference Committee be appointed thereon.The Senate has appointed as such committee:

Senators Newman, Osmek and Dibble.

Said Senate File is herewith transmitted
to the House with the request that the House appoint a like committee.

Cal R. Ludeman,
Secretary of the Senate

Torkelson moved that the House accede to
the request of the Senate and that the Speaker appoint a Conference Committee
of 3 members of the House to meet with a like committee appointed by the Senate
on the disagreeing votes of the two houses on S. F. No. 3133.The motion prevailed.

ANNOUNCEMENT
BY THE SPEAKER

The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 3133:

Torkelson, Baker and Nelson.

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7623

ADJOURNMENT

Peppin moved that when the House adjourns
today it adjourn until 3:30 p.m., Thursday, March 22, 2018.The motion prevailed.

Peppin moved that the House adjourn.The motion prevailed, and the Speaker
declared the House stands adjourned until 3:30 p.m., Thursday, March 22, 2018.

Patrick
D. Murphy, Chief
Clerk, House of Representatives

Journal
of the House - 73rd Day - Wednesday, March 21, 2018 - Top of Page 7624